Puerto Rico Petition for Registration of Foreign Judgment

Q: How do I enforce a foreign Judgement in NY?

We can register another state&#039;s judgment in New York under Article 54 of the CPLR (?Uniform Enforcement of Foreign Judgments Act?). The judgment creditor needs to execute a short affidavit, file it with the county clerk (CPLR 5402), and give notice to the debtor (CPLR 5403).

Category:

Civil Procedure - Petitions

State:

Multi-State

Control #:

US-03248BG

Format:

Instant download

Description

The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation. There are notable exceptions, which is why legal action should be always commence in the state where the defendant is domiciled. A foreign judgment must be filed with the Clerk of the Court in the county in which the attempt is being made to enforce the judgment. This should include any enforcement proceedings such as the Writ of Execution upon assets, etc.

There are various reasons for the court to deny recognizing the foreign judgment. One reason for denial is an appeal, which is pending in the original court. A "stay" may be granted if a debtor can allege grounds exist in the courts jurisdiction where the foreign judgment is being filed, thus creating a "stay" preventing the foreign judgment from being recorded. Such grounds include, lack of sufficient notice in obtaining the original judgment, the judgment was obtained by fraud, the cause of action conflicts with state policies in the state where the foreign judgment is to be filed, the judgment conflicts with another final judgment, or lack of jurisdiction over the debtor in the original judgment.

A "stay" by the debtor must be filed within 30 days of receipt of the notice of the filing of the foreign judgment or sixty days if the debtor is not a resident of the state. Ten days after a foreign judgment is filed and notice has been given to the judgment debtor, the creditor may begin enforcement of the judgment by means allowed by law within the state in which the foreign judgment has been registered.

The debtor may request a "stay" or be granted denial of having the foreign judgment recorded. The debtor must be shown to have "sufficient contact" with the state to establish the jurisdiction of the court to enforce the judgment. Most states vary considerably on what determines "sufficient notice" when obtaining the original judgment. If there were a flaw or it was inconsistent with the court where the foreign judgment is to be recorded, then the courts will not allow the foreign judgment to be enforced.

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How to fill out Petition For Registration Of Foreign Judgment?

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FAQ

How Long Are Judgments Valid in New York? Judgments are valid for 20 years and may be extended once for an additional period of 10 years. To extend a judgment for an extra ten (10) years, the Judgment Creditor must make written application to the court that issued the original judgment.

The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.

We can register another state's judgment in New York under Article 54 of the CPLR (?Uniform Enforcement of Foreign Judgments Act?). The judgment creditor needs to execute a short affidavit, file it with the county clerk (CPLR 5402), and give notice to the debtor (CPLR 5403).

A foreign judgment can be authenticated ?in ance with an act of congress or a statute of this state,? which then ?may be filed in the office of the clerk of any court of competent jurisdiction of this state.? TEX.

The only U.S. states which have not adopted the Uniform Enforcement of Foreign Judgments Act are California and Vermont.

If a creditor has a money judgment, it can hire an enforcement officer to collect money and property from a judgment debtor. An enforcement officer is a sheriff, police officer, city marshal, town constable, or village constable that's authorized to take the debtor's property or money to pay the judgment.

Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.

Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.